If you are working long hours, you expect to be compensated for all that time. However, not every employee is actually eligible for overtime pay according to state and federal laws. It is important to know what “kind” of employee you are considered and whether or not your company is covered under overtime laws. If you read this and come away thinking that you should have been paid overtime, but you weren’t, then you should speak to an Atlanta wage & hour law attorney.
Which Employees Are Entitled to Overtime Pay?
If an employer is covered under the federal Fair Labor Standards Act, also known as the FLSA, they must also pay overtime to eligible employees. Businesses that must adhere to the FLSA include:
- Any company that has more than $500,000 in annual sales
- Any company that does business between states
So these rules apply to a lot of different companies. The main one to be concerned about, for our purposes, is who gets overtime pay and when. The general rule to follow is that any employee who works more than 40 hours per week is entitled to it. That overtime pay rate also must be equal to one and a half times the worker’s normal salary.
As an example, someone gets paid $30 per hour. They work 45 hours one week instead of 40. They should get paid $45 per hour for those five hours of overtime worked.
Are Some Employees Exempt From Overtime Pay Rules?
Not every employee is covered under overtime pay rules though. There are many types of employees that are considered “exempt.” You may not have to be paid overtime if you work:
- On a small farm
- In the fishing industry
- At a seasonal business
- As an independent contractor
- As a “white collar” salaried professional
If you are confused about whether you are exempt or not, our lawyers might be able to help.
Do I Get Overtime For Working at Night or on Weekends?
There is no federal rule about being paid overtime on nights or weekends. However, there could be an agreement in an employment contract about such bonus pay. If your employer agrees to pay you more money per hour for night or weekend shifts and then reneges on the deal, that is a problem.
What Can I Do If I Was Not Paid Correctly?
If your employer has not been paying you the correct wages, you do have legal options. You can file a complaint with the U.S. Department of Labor amd report your employer. One of our attorneys can help you gather the necessary info and file a complete report that has a better chance of being investigated.
Talk to Our Legal Team
If you suspect that your employer has been violating overtime and wage laws, contact Ben Barrett Law and schedule a consultation. We can take a look at your situation and let you know whether you have a case. If you have been wronged by your employer, we’ll help you fight for the compensation you deserve.
